Agenda and minutes

Apologies for absence were received on behalf of Councillors Jim Clifton, Tom Munro and Dan Salt.

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

There were no urgent items of business to consider.

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

There were no declarations made at the meeting.

To consider the minutes of the last meeting held on 31^st July 2019

Moved by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor

RESOLVED that, subject to the above amendments, the minutes of a meeting of the Planning Committee held on 31st July 2019 be approved as a true and correct record.

To consider the Notes of the Site Visits held on 20^th September 2019

These will follow in the supplementary report.

It was noted that Blind Lane, Bolsover had not been visited and in fact the following sites had been visited:

·         Rear of 16 to 124 and South West of 124 and between Brickyard Farm and Barlborough Links Chesterfield Road,  Barlborough - Application 19/00256/VAR

·         Land Adjacent Brick Yard Farm Slayley Lane Barlborough - Application 19/00257/VAR.

Moved by Councillor Duncan McGregor and seconded by Councillor Jen Wilson

RESOLVED that, subject to the amendment as noted above, the notes of the site visit held on 20^th September 2019 be approved as a true and correct record.

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

The applicant and the agent on behalf of the applicant attended the meeting and spoke in support of the application.

Committee considered the application having regard to the Bolsover District Local Plan, the Publication Version of the Local Plan and the National Planning Policy Framework. Members considered the criteria in the emerging Local Plan’s site-specific policy SS6; the impact on the setting of any heritage assets and the physical and visual coalesce of the neighbouring settlements of Hodthorpe and Whitwell; the suitability of access points for all users and the impact on the local road network; the provision of affordable housing on the site; and the socio-economic benefits of the ‘over-provision’ of public open space and the ‘under-provision’ of formal sports facilities.

It was considered that the development proposed in this application was acceptable or could be made acceptable in planning terms, subject to appropriate conditions and subject to planning obligations via a s.106 legal agreement as set out in the report.

In accordance with Council Procedure Rule 14.4, Councillor James Watson requested that a recorded vote be taken. Councillors Allan Bailey and Graham Parkin supported this request.

The officer’s recommendation was moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson.

For – 11 (Councillors Derek Adams, Anne Clarke, Nick Clarke, Steve Fritchley, Natalie Hoy, Chris Kane, Duncan McGregor, Liz Smyth, Janet Tait, Deborah Watson and Jen Wilson)

Against – 3 (Councillors Allan Bailey, Graham Parkin and James Watson)

Abstentions – 0

Moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson

RESOLVED that Application 18/00452/OUT be approved subject to prior entry into a s.106 legal requirement containing the following planning obligations:

Affordable Housing

1. On site provision of 5.5% affordable housing (equivalent to a maximum of 25 new houses) tenure to be split: 85% socially rented and 15% affordable home ownership;

2. Review mechanism to allow for 10% affordable housing in the event market conditions change over the operational phase of the  proposed development;

Education

3. Financial contribution of £1,133,134.80 (index linked) towards provision of additional teaching block for the provision of 70 primary places at Whitwell Primary School;

4. Financial contribution of £219,525.57 (index linked) towards additional teaching accommodation for the provision of 9 secondary places at Heritage High School;

Public Health

5. Financial contribution of £171,180 (index linked) towards local health provision unless and until contracts have been signed securing the build out of the new build medical centre being proposed in Creswell and the provision of the additional treatment room in this development. Once the construction of the new-build medical centre has been secured, the financial contribution towards local health provision shall be reduced to an amount equivalent to the cost of the works required to convert the office at the Whitwell medical practice to a medical treatment room and convert the existing store room into a replacement office;

Public Open  ...  view the full minutes text for item 331a

Further details relating to the application were included in the Supplementary Report, including a number of comments and responses that had been received at a late stage. A number of minor issues remained outstanding which were proposed to be delegated to officers to resolve.

The Principal Planner presented the report which gave details of the application and highlighted the location and features of the site and key issues.

Mr Boden attended the meeting and spoke against the application.

The agent on behalf of the applicant attended the meeting and spoke in support of the application.

Committee considered the application having regard to the Bolsover District Local Plan, the Publication Version of the Local Plan and the National Planning Policy Framework. Members considered the reserved matters insofar as they related to means of access (other than the main site access), layout and design, scale, appearance, landscaping, ecology and highway safety. Heritage impacts, flood risk and drainage, noise were also evaluated.

In accordance with Council Procedure Rule 14.4, Councillor James Watson requested that a recorded vote be taken. Councillors Allan Bailey and Graham Parkin supported this request.

Members expressed concern about the possible loss of the hedgerow at the rear of plots 81-83 on the south west boundary of the site and requested that the retention of this hedgerow be made a condition of any approval.

It was further discussed that Members wished the developer to include the provision of electric vehicle charging points on every property as a design feature.

It was moved by Councillor Steve Fritchley and seconded by Duncan McGregor that the application be approved subject to the retention of the hedgerow and the provision of the electric vehicle charging points as outlined above, being agreed as conditions, and that the resolution of other outstanding issues and the determination of conditions be delegated to the Head of Planning following consultation with the Chair and Vice-Chair of the Planning Committee. Should satisfactory resolution of these issues not be achieved, the matter would be brought back to Planning Committee.

For – 9 (Councillors Derek Adams, Anne Clarke, Steve Fritchley, Natalie Hoy, Chris Kane, Duncan McGregor, Liz Smyth, Janet Tait, Deborah Watson and Jen Wilson)

Against – 4 (Councillors Allan Bailey, Nick Clarke, Graham Parkin and James Watson)

Abstentions – 1 (Councillor Anne Clarke)

Moved by Councillor Steve Fritchley and seconded by Duncan McGregor

RESOLVED that

1.     Application 19/00005/REM be approved subject to:

(i)      agreement to retain the hedgerow at the rear of plots 81-83 on the south west boundary of the site, and the provision of the electric vehicle charging points on every dwelling, which would be subject of appropriate conditions; and

(ii)     satisfactory resolution of the outstanding issues including landscaping, design alterations and alterations to the travel plan document; and

2.     that the resolution of these issues (at (i) and (ii) above), and the determination of any other conditions be delegated to the Head of Planning, following consultation with the Chair and Vice Chair of Planning  ...  view the full minutes text for item 331b

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

Councillor David Dixon, Ward Member, attended the meeting and spoke against the application.

The agent on behalf of the applicant attended the meeting and spoke in support of the application.

Committee considered the application having regard to the Bolsover District Local Plan, the Publication Version of the Local Plan and the National Planning Policy Framework.

The only matters for consideration in this application were whether the revised drainage system with underground tank was acceptable and technically feasible, taking into account sustainable drainage principles, and whether the revised access was safe and suitable for the proposed development.

Members expressed concerns regarding the suitability of the revised access on highway safety grounds. It was commented that a roundabout would be more suitable than the revised access proposed in this application. The Committee were advised that they had no evidence before them that contradicted the view given by the Local Highway Authority, as the statutory consultee, which was that the proposed junctions were safe and suitable in highway safety terms.

It was therefore proposed that determination of the application be deferred in order to allow for further advice from the Council’s Highways Consultant to be obtained in relation to Members’ concerns.

Moved by Councillor Natalie Hoy and seconded by Councillor Nick Clarke

RESOLVED that application 19/00256/VAR be deferred in order to obtain further advice from the Council’s Highways Consultant.

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

Councillor David Dixon, Ward Member, attended the meeting and spoke against the application.

The agent on behalf of the applicant attended the meeting and spoke in support of the application.

Committee considered the application having regard to the Bolsover District Local Plan, the Publication Version of the Local Plan and the National Planning Policy Framework.

The only matters for consideration in this application were whether the revised access arrangements would be safe and suitable for the proposed development.

The decision notice was to repeat the relevant conditions from the original planning permission, unless they had already been discharged, to provide additional clarity.

The approval was to be subject to a deed of variation to the existing s.106 legal agreement to make land available for the provision of a roundabout and a financial contribution of £111,450.34 towards highway improvements to ensure that the omission of a site access roundabout from this scheme would not prejudice or compromise the safe and efficient operation of the Treble Bob roundabout in the future. 

Moved by Councillor Deborah Watson and seconded by Councillor Jen Wilson

RESOLVED that Application 19/00257/VAR be approved subject to:

1. a condition requiring prior entry into a legal agreement to secure land for the provision of a roundabout and a financial contribution of £111,450.34 towards highway improvements within the local area prior to the commencement of development;

2. the following varied conditions: 

1. The development shall be carried out in complete accordance with the following approved plans, Drawing Nos.:

•      P17-0895 09A Location Plan

•      P17-0895 13B Ground Floor

•      P17-0895 14B First Floor

•      P17-0895 15C Elevations

•      P17-0895 16B Sections

•      P17-0895 17B GF Perspective

•      P17-0895 18B FF Perspective

•      P17-0895 19 Floor Areas

•      P17-0895 23G Proposed Layout.

2. Before the site is taken into use, (a) a new access junction shall be formed to Chesterfield Road broadly in accordance with application drawing number: LTP/3383/S1/01.01 Rev 0 produced by Local Transport Projects, and (b) the new access junction shall be laid out and constructed, lined, signed, drained and lit to adoptable criteria.

3. The premises, the subject of the application, shall not be taken into use until a footway has been provided between the new site access junction and the bus stop shelter on Chesterfield Road to the north east of the site, laid out and constructed in accordance with Derbyshire County Council's specification for adopted roads.

AND

3. the following conditions repeated from the original permission (application no. 17/00539/FUL)

Expiry Date

1. The development shall be begun on or before 1^st August 2021.

Prior Approval of Materials and Landscaping

2. Before construction commences on the erection of any building beyond the construction of the foundations for that building, a schedule of wall and roof materials shall first have been submitted to and approved in writing by the Local Planning Authority.

3. Prior to the erection  ...  view the full minutes text for item 331d